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Of the Accountability
By the
Editor
PLACING
an optimal weight on his viewpoint vis-à-vis the style of accountability in
Pakistan, the Prime Minister, Chaudhry Shujaat Hussain has called for a
process whereby the process of answerability should be placed under — none
else than judiciary. He said that the best way to address reservations about
accountability law is to place this course under the judiciary.
Going by pragmatism, there can’t be two opinions about the fact that
accountability should be judicious, transparent, swift and above all — as
clear as crystal — and that, too, irrespective of the social and political
status of any-one, may the one be even a stalwart in any arena.
Of-course, there is need to address the public reservations about the
accountability law, which ha — by and large — been evoking criticism from a
variety of quarters more explicitly by the lawyers community. Prime Minister
Shujaat’s concern on accountability is understandable and logical — as such
a modus operandi — needs an instant change at least in the best interest of
good governance — in any realm like Pakistan.
As is indexed in the pages of the history of the recent past, even the
ex-Prime Minister Mir Zafarullah Khan Jamali had termed the ‘plea bargain’
aspect of the accountability law as — what he [Jamali] phrased as the worst
type of corruption.
We, however, strongly feel that the objective cannot be achieved by placing
the accountability process under judiciary in view of its own inherent
weaknesses and limitations. To an extent, our judiciary is politicized,
demoralized and doesn’t have the reputation of ability to deliver justice
without fear or favor. Its image as an institution responsible for
dispensation of justice stands tarnished in the eyes of the public.
Our judicial system has loopholes, which are invariably exploited by the
accused to escape the rigors of law. Besides, the judicial process is very
slow. We would, consequently, beg to differ with Chaudhry Shujaat’s plea on
this topic. We have time after time emphasized the need for improvement of
judiciary to restore public confidence in this institution.
Though, in some-one’s view, the performance of the National Accountability
Bureau may not be very outstanding — but is certainly not unsatisfactory if
viewed in the context of its achievements. Understandably, there is need to
improve the accountability law to rationalize provisions like plea bargain
with the principles of justice.
Besides, transparency should be the hallmark of the accountability process.
The law needs to be given teeth in order to make punishments deterrent and
effective to achieve the real objective of the accountability. The law
should not be scrapped — but is required to be improved in the best
interests of the people — so as to ensure the evaporation of the axiom;
‘’justice delayed, justice denied’ — and that, too with equilibrium as the
hallmark of such an approach, in the most judicious way.●
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